Prof. James Sample Quoted in Newsday Story on Likely Scrutiny of Justice Kavanaugh in 1st Year

James Sample , Professor of Law

Expect Partisan Battle over Justice Brett Kavanaugh to Continue
Like Justice Clarence Thomas, who endured a blistering confirmation process and a last-minute sexual harassment accusation, Kavanaugh’s every word from the bench and written opinion will be scrutinized.
By Tom Brune
Oct. 6, 2018

Kavanaugh will have to carefully weigh which cases he takes, and which he sidesteps, or recuses himself from, to avoid conflicts of interest, after his partisan attack on Democrats and allied outside groups at the special Senate hearing 10 days ago. …

In his 12 years as a D.C. Circuit Court judge, Kavanaugh said in his Senate questionnaire to be a member of the Supreme Court that he recused himself from 136 cases, or about 11 a year, though he recalls the reasons in only 46 cases. …

But Kavanaugh will have “the incredibly unique role of being in essence the judge as to his own ability to be impartial,” said James Sample, a Hofstra Law professor and expert on judicial recusals, in an interview.

“The general standard is that a judge shall disqualify himself or herself whenever the judge’s impartiality might reasonably be questioned,” Sample said. A canon of ethics is binding on federal district and appellate court judges, but not on Supreme Court justices.

The court and other justices are expected to work to make Kavanaugh part of their team, Sample said.

Read the full article on the Newsday website.

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